Deck 19: Employment Discrimination and Affirmative Action
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Deck 19: Employment Discrimination and Affirmative Action
1
Virtually all black Americans support continued affirmative action laws.
False
2
Stereotypes of Asians tend to be higher than they should be.
True
3
When people discuss affirmative action today,they are generally referring to some type of "hard" preferential hiring.
True
4
The Equal Employment Opportunity Commission receives and investigates employment discrimination charges and complaints.
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5
The Supreme Court has consistently held that states' rights prevail over civil rights.
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6
Based on recent Supreme Court decisions,it is unclear that affirmative action will be abolished in this decade.
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7
Age discrimination statues protect those people who are 50 years old and older.
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8
Researchers have recently determined that the lower pay women receive is due to the additional time they take off from the workforce,when compared to men.
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9
The category of people labeled as Hispanic is actually a very diverse group.
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10
The Pregnancy Discrimination Act of 1978 requires employers to provide preferential treatment to pregnant women.
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11
Workforce participation among Hispanic males is the highest of any group in the United States.
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12
Affirmative action postures are noted as "soft" or "weak."
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13
The Americans with Disabilities Act of 1990 was the most significant labor and employment statute to be enacted in the past 40 years.
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14
The American dream is based on getting ahead on the basis of merit,not inherited privilege.
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15
By definition,sexual harassment cannot take place between two parties of the same sex.
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16
Some people in the United States are concerned that the legitimate protective status of certain categories is giving way to victim status.
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17
Disparate impact forms of discrimination are not illegal if they are business- or job-related necessities.
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18
The first antidiscrimination law in the United States was the Civil Rights Act of 1964.
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19
Either a man or a woman can be the victim of sexual harassment.
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20
African American leaders are virtually unanimous in their belief that racism is the primary obstacle that blacks face.
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21
The Americans with Disabilities Act of 1990 requires transportation and communication systems to
A)provide preferential hiring for the physically and mentally handicapped.
B)avoid job discrimination based mental disability.
C)allow free access for the disabled.
D)facilitate access for the disabled.
A)provide preferential hiring for the physically and mentally handicapped.
B)avoid job discrimination based mental disability.
C)allow free access for the disabled.
D)facilitate access for the disabled.
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22
A qualification that might ordinarily be argued as being a basis for discrimination,but a company can show is job related and necessary is called a
A)real and necessary distinction.
B)quasi-discriminatory factor.
C)bona fide occupational qualification.
D)discrimination waiver.
A)real and necessary distinction.
B)quasi-discriminatory factor.
C)bona fide occupational qualification.
D)discrimination waiver.
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23
The form of discrimination in which people are treated differently because of their race,color,religion,sex,or national origin is called
A)disparate treatment.
B)disparate impact.
C)Title VII discrimination.
D)stereotype discrimination.
A)disparate treatment.
B)disparate impact.
C)Title VII discrimination.
D)stereotype discrimination.
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24
The entity that is authorized to file suits in federal district court against private sector employers is the
A)Interstate Commerce Commission.
B)Federal Trade Commission.
C)Equal Employment Opportunity Commission.
D)Federal Bureau of Investigation.
A)Interstate Commerce Commission.
B)Federal Trade Commission.
C)Equal Employment Opportunity Commission.
D)Federal Bureau of Investigation.
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25
Categories of people whose rights are in some way defended against discrimination are referred to as
A)protected groups.
B)minorities.
C)"special-needs" groups.
D)the privileged class.
A)protected groups.
B)minorities.
C)"special-needs" groups.
D)the privileged class.
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26
The Civil Rights Act of 1964 grew out of
A)Lyndon Johnson's "Great Society."
B)the protests and boycotts formed in the 1950s and 1960s.
C)slavery.
D)pressure from the Roman Catholic church.
A)Lyndon Johnson's "Great Society."
B)the protests and boycotts formed in the 1950s and 1960s.
C)slavery.
D)pressure from the Roman Catholic church.
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27
Title VII of the Civil Rights Act of 1964 prohibits discrimination in all of the following except
A)hiring and firing.
B)intelligence.
C)promotion
D)fringe benefits.
A)hiring and firing.
B)intelligence.
C)promotion
D)fringe benefits.
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28
The form of discrimination in which fewer minorities are included in the outcome of a practice than would be expected by their numerical proportion is called
A)disparate treatment.
B)disparate impact.
C)Title VII discrimination.
D)stereotype discrimination.
A)disparate treatment.
B)disparate impact.
C)Title VII discrimination.
D)stereotype discrimination.
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29
The EEOC defines a disability as
A)anything that keeps a person from doing what an average person can do.
B)limits physical or mental capacities in any way.
C)a condition that substantially limits one or more of the employee's major life activities.
D)a state of mind that keeps a person from performing basic life functions.
A)anything that keeps a person from doing what an average person can do.
B)limits physical or mental capacities in any way.
C)a condition that substantially limits one or more of the employee's major life activities.
D)a state of mind that keeps a person from performing basic life functions.
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30
The EEOC has filed suit in all of the following types of discrimination cases except
A)banks whose loan departments redline poor areas.
B)polluters who dump their waste in minority neighborhoods.
C)job-related discrimination by major employers.
D)colleges whose housing policies segregate students by race and ethnicity.
A)banks whose loan departments redline poor areas.
B)polluters who dump their waste in minority neighborhoods.
C)job-related discrimination by major employers.
D)colleges whose housing policies segregate students by race and ethnicity.
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31
The Equal Pay Act of 1963 prohibits discrimination in pay based on
A)age.
B)sex.
C)seniority.
D)skills.
A)age.
B)sex.
C)seniority.
D)skills.
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32
Which of the following forms of discrimination are not banned by Title VII of the Civil Rights Act of 1964?
A)skill sets
B)transfer,promotion,layoff,or recall
C)job advertisements
D)use of company facilities
A)skill sets
B)transfer,promotion,layoff,or recall
C)job advertisements
D)use of company facilities
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33
The primary objective of The Civil Rights Act of 1991 was to
A)add more categories of protected groups to The Civil Rights Act of 1964 definitions.
B)add imprisonment as a possible penalty for job discrimination.
C)provide increased financial damages and jury trials in cases of intentional discrimination.
D)authorize formation of the Equal Employment Opportunity Commission.
A)add more categories of protected groups to The Civil Rights Act of 1964 definitions.
B)add imprisonment as a possible penalty for job discrimination.
C)provide increased financial damages and jury trials in cases of intentional discrimination.
D)authorize formation of the Equal Employment Opportunity Commission.
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34
Governments have been faster than corporations in instituting protections for transgender employees.
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35
The Civil Rights movement made people in the United States more aware of
A)continued slavery in the South and Southwest.
B)the plight of all people of color,not just blacks.
C)the economic inequality that existed between races in American at that time.
D)pay inequality between men and women.
A)continued slavery in the South and Southwest.
B)the plight of all people of color,not just blacks.
C)the economic inequality that existed between races in American at that time.
D)pay inequality between men and women.
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36
One of the big challenges related to employment discrimination in the 21st century will be
A)breaking the glass ceiling that bars males from reaching senior management positions.
B)keeping wages low and profits up.
C)finding enough workers to fill lower-level positions.
D)the changing workforce composition.
A)breaking the glass ceiling that bars males from reaching senior management positions.
B)keeping wages low and profits up.
C)finding enough workers to fill lower-level positions.
D)the changing workforce composition.
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37
The ADA applies to all the following disabilities except
A)HIV.
B)minor impairment of life activities.
C)diabetes.
D)bad backs.
A)HIV.
B)minor impairment of life activities.
C)diabetes.
D)bad backs.
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38
Major life activities include all of the following except
A)learning.
B)thinking.
C)concentrating.
D)walking.
A)learning.
B)thinking.
C)concentrating.
D)walking.
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39
Title VII of the Civil Rights Act of 1964 prohibits discrimination in all the following except
A)hiring.
B)promotion.
C)in college admissions.
D)fringe benefits.
A)hiring.
B)promotion.
C)in college admissions.
D)fringe benefits.
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40
The Rehabilitation Act of 1973,Section 503 prohibits job discrimination based on
A)being injury prone.
B)disability
C)physical limitations as a result of injury.
D)age.
A)being injury prone.
B)disability
C)physical limitations as a result of injury.
D)age.
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41
Hispanics are the only major minority group to be classified by their
A)geographic origin.
B)culture.
C)language.
D)physical features.
A)geographic origin.
B)culture.
C)language.
D)physical features.
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42
Sexual harassment
A)is a worldwide problem.
B)affects men and women in equal numbers.
C)is relatively easy to prove in courts.
D)is clearly defined in the law.
A)is a worldwide problem.
B)affects men and women in equal numbers.
C)is relatively easy to prove in courts.
D)is clearly defined in the law.
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43
Taking positive steps to hire and promote people from groups previously discriminated against is called
A)preferential hiring and firing policies.
B)affirmative action.
C)restitution action.
D)retributive justice.
A)preferential hiring and firing policies.
B)affirmative action.
C)restitution action.
D)retributive justice.
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44
Preferential treatment
A)only occurs in hard quota affirmative action.
B)is not given to anyone other than minorities and women.
C)is based on the principle of compensatory justice.
D)is the ideal method of selecting employees.
A)only occurs in hard quota affirmative action.
B)is not given to anyone other than minorities and women.
C)is based on the principle of compensatory justice.
D)is the ideal method of selecting employees.
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45
The principle that reparation is owed to the person or people harmed by an injustice is
A)distributive justice.
B)procedural justice.
C)contributive justice.
D)compensatory justice.
A)distributive justice.
B)procedural justice.
C)contributive justice.
D)compensatory justice.
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46
The largest minority in the United States is now
A)African Americans.
B)Native Americans.
C)Euro Americans.
D)Hispanics.
A)African Americans.
B)Native Americans.
C)Euro Americans.
D)Hispanics.
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47
The affirmative action posture that enlarges the pool of applicants and systematically favors minorities and women in actual decisions is called
A)passive nondiscrimination.
B)pure affirmative action.
C)affirmative action with preferential hiring.
D)hard quotas.
A)passive nondiscrimination.
B)pure affirmative action.
C)affirmative action with preferential hiring.
D)hard quotas.
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48
The Equal Pay Act of 1963
A)applies to pay differences based on seniority.
B)determines wages on the basis of quantities produced.
C)prohibits discrimination between men and women on the basis of sex in payment of wages.
D)applies to pay differences on the basis of merit.
A)applies to pay differences based on seniority.
B)determines wages on the basis of quantities produced.
C)prohibits discrimination between men and women on the basis of sex in payment of wages.
D)applies to pay differences on the basis of merit.
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49
Asian Americans
A)are the smallest minority group in the United States.
B)have escaped the harsh treatment of discrimination.
C)have the lowest academic achievement record of any minority group in the United States.
D)have a problem unique to U.S.minority groups -- a stereotype that may be too positive.
A)are the smallest minority group in the United States.
B)have escaped the harsh treatment of discrimination.
C)have the lowest academic achievement record of any minority group in the United States.
D)have a problem unique to U.S.minority groups -- a stereotype that may be too positive.
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50
Religious discrimination is becoming more common in the United States in large part because
A)Christianity seeks to be the dominant religion.
B)the separation of church and state has eroded.
C)religion and business don't mix.
D)changing immigration patterns are bringing more people with different religions to this country.
A)Christianity seeks to be the dominant religion.
B)the separation of church and state has eroded.
C)religion and business don't mix.
D)changing immigration patterns are bringing more people with different religions to this country.
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51
The affirmative action posture that involves a concerted effort to enlarge the pool of applicants so that no one is excluded because of past or present discrimination is called
A)passive nondiscrimination.
B)pure affirmative action.
C)affirmative action with preferential hiring.
D)hard quotas.
A)passive nondiscrimination.
B)pure affirmative action.
C)affirmative action with preferential hiring.
D)hard quotas.
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52
The affirmative action posture that involves a willingness to treat races and sexes alike is called
A)passive nondiscrimination.
B)pure affirmative action.
C)affirmative action with preferential hiring.
D)hard quotas.
A)passive nondiscrimination.
B)pure affirmative action.
C)affirmative action with preferential hiring.
D)hard quotas.
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53
The Lily Ledbetter Fair Pay Act of 2009
A)statue of limitations is 180 days
B)stipulates that the clock reset each time a paycheck is issued.
C)requires that you be aware of the discrimination promptly.
D)sets discriminatory pay.
A)statue of limitations is 180 days
B)stipulates that the clock reset each time a paycheck is issued.
C)requires that you be aware of the discrimination promptly.
D)sets discriminatory pay.
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54
The concept that preferential treatment for minorities and women leads to harms to other groups is called
A)compensatory justice.
B)reverse discrimination.
C)"what goes around comes around."
D)legalized discrimination.
A)compensatory justice.
B)reverse discrimination.
C)"what goes around comes around."
D)legalized discrimination.
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55
Which of the following is not a major sex discrimination issue for women today?
A)admission to colleges and universities
B)moving into professional and managerial positions
C)eliminating sexual harassment
D)achieving equal pay
A)admission to colleges and universities
B)moving into professional and managerial positions
C)eliminating sexual harassment
D)achieving equal pay
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56
Many think of Asian Americans' quiet achievements as
A)evidence of their superior intelligence.
B)unfair because they have been given preferential treatment.
C)a temporary situation that will change with education reform.
D)passivity.
A)evidence of their superior intelligence.
B)unfair because they have been given preferential treatment.
C)a temporary situation that will change with education reform.
D)passivity.
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57
The idea that workers doing different jobs should receive the same pay if those jobs have equal inherent worth is called
A)pay equity.
B)comparable worth.
C)equal pay for equal work.
D)equitable compensation.
A)pay equity.
B)comparable worth.
C)equal pay for equal work.
D)equitable compensation.
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58
The general rule used to prove discrimination under the disparate impact concept is called the
A)four-fifths rule.
B)essential equality rule.
C)equal results rule.
D)evil intent rule.
A)four-fifths rule.
B)essential equality rule.
C)equal results rule.
D)evil intent rule.
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59
The concept of disparate impact is significant in employment law because it
A)created the four-fifths rule.
B)negates many of the earlier antidiscrimination laws.
C)runs counter to many traditional employment practices.
D)is the first common law regarding job discrimination.
A)created the four-fifths rule.
B)negates many of the earlier antidiscrimination laws.
C)runs counter to many traditional employment practices.
D)is the first common law regarding job discrimination.
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60
The affirmative action posture that specifies numbers or proportions of minority group members that must be hired is called
A)passive nondiscrimination.
B)pure affirmative action.
C)affirmative action with preferential hiring.
D)hard quotas.
A)passive nondiscrimination.
B)pure affirmative action.
C)affirmative action with preferential hiring.
D)hard quotas.
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61
Provide a short answer to each of these questions.Be sure to fully explain your answer.
Why do you suppose retaliation claims to the EEOC are at their highest?
Why do you suppose retaliation claims to the EEOC are at their highest?
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62
Provide a short answer to each of these questions.Be sure to fully explain your answer.
Operating against the continuing trends emphasizing civil rights is a growing sentiment against affirmative action.Explain this statement.
Operating against the continuing trends emphasizing civil rights is a growing sentiment against affirmative action.Explain this statement.
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63
Provide a short answer to each of these questions.Be sure to fully explain your answer.
Define the terms "reasonable accommodation," "undue hardship," and "essential functions" as they relate to the Americans with Disabilities Act of 1990.
Define the terms "reasonable accommodation," "undue hardship," and "essential functions" as they relate to the Americans with Disabilities Act of 1990.
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64
Utilize the knowledge you have gained to respond to the following essay questions.Your answers should state your position and use logical arguments and content from this and other chapters in the textbook to support it.
Which of the four affirmative action postures do you think is most appropriate today? Why?
Which of the four affirmative action postures do you think is most appropriate today? Why?
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65
Provide a short answer to each of these questions.Be sure to fully explain your answer.
Some companies are now specifically including white males in their diversity programs.Evaluate the wisdom and propriety of this idea.
Some companies are now specifically including white males in their diversity programs.Evaluate the wisdom and propriety of this idea.
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66
Utilize the knowledge you have gained to respond to the following essay questions.Your answers should state your position and use logical arguments and content from this and other chapters in the textbook to support it.
Discuss the concept of color bias.Have you ever experienced this,or seen it happen?
Discuss the concept of color bias.Have you ever experienced this,or seen it happen?
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67
Preferential treatment refers to all of the following except
A)the undergird of affirmative action.
B)its rational is the principles of compensatory justice.
C)compensation or reparation for an injustice.
D)reverse discrimination.
A)the undergird of affirmative action.
B)its rational is the principles of compensatory justice.
C)compensation or reparation for an injustice.
D)reverse discrimination.
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68
Provide a short answer to each of these questions.Be sure to fully explain your answer.
Summarize the concept of African American in Corporate America.B.Livers,executive director of The Executive Leadership Council's Institute for Leadership Development & Research."The total number of board seats during the period declined as well,but not nearly as much as the number of seats held by African Americans.In light of current economic conditions and board reviews,there is an opportunity for companies to increase board diversity and reverse the downward trend." Interestingly,the higher the company is on the Fortune 500 list,the more likely it is to have a diverse board.
Summarize the concept of African American in Corporate America.B.Livers,executive director of The Executive Leadership Council's Institute for Leadership Development & Research."The total number of board seats during the period declined as well,but not nearly as much as the number of seats held by African Americans.In light of current economic conditions and board reviews,there is an opportunity for companies to increase board diversity and reverse the downward trend." Interestingly,the higher the company is on the Fortune 500 list,the more likely it is to have a diverse board.
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69
Utilize the knowledge you have gained to respond to the following essay questions.Your answers should state your position and use logical arguments and content from this and other chapters in the textbook to support it.
Describe the two types of commonly recognized sexual harassment.
Describe the two types of commonly recognized sexual harassment.
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70
The standard of judicial rule that requires that the policy under review must meet a compelling government interest and must be narrowly tailored to meet the policy objectives is called
A)strict interpretation.
B)strict scrutiny.
C)strict construction.
D)strict standard.
A)strict interpretation.
B)strict scrutiny.
C)strict construction.
D)strict standard.
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71
Provide a short answer to each of these questions.Be sure to fully explain your answer.
Briefly explain how reverse discrimination evolves from affirmative action.
Briefly explain how reverse discrimination evolves from affirmative action.
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72
Provide a short answer to each of these questions.Be sure to fully explain your answer.
What impact did the Lily Ledbetter Act have on employee testing?
What impact did the Lily Ledbetter Act have on employee testing?
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73
Provide a short answer to each of these questions.Be sure to fully explain your answer.
Summarize the history leading up to the Civil Rights Act of 1964.A.However,the amount of losses you deduct may not be more than the amount of gambling income reported on your return.It is important to keep an accurate diary or similar record of your gambling winnings and losses.To deduct your losses,you must be able to provide receipts,tickets,statements or other records that show the amount of both your winnings and losses.
Summarize the history leading up to the Civil Rights Act of 1964.A.However,the amount of losses you deduct may not be more than the amount of gambling income reported on your return.It is important to keep an accurate diary or similar record of your gambling winnings and losses.To deduct your losses,you must be able to provide receipts,tickets,statements or other records that show the amount of both your winnings and losses.
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74
Provide a short answer to each of these questions.Be sure to fully explain your answer.
Men and women provide very different reasons why the glass ceiling exists.Which seems more likely to you?
Men and women provide very different reasons why the glass ceiling exists.Which seems more likely to you?
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75
Utilize the knowledge you have gained to respond to the following essay questions.Your answers should state your position and use logical arguments and content from this and other chapters in the textbook to support it.
Evaluate the reasons for the worldwide shift in pay in favor of women.
Evaluate the reasons for the worldwide shift in pay in favor of women.
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76
Utilize the knowledge you have gained to respond to the following essay questions.Your answers should state your position and use logical arguments and content from this and other chapters in the textbook to support it.
What are the consequences of the rise in older workers in the workplace?
What are the consequences of the rise in older workers in the workplace?
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77
Provide a short answer to each of these questions.Be sure to fully explain your answer.
Describe the main differences between disparate treatment and disparate impact.
Describe the main differences between disparate treatment and disparate impact.
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78
The Workplace Religious Freedom Act requires which of the following except
A)employers to do more to accommodate religious beliefs.
B)the definition of accommodation to be undue hardship.
C)employers to make accommodation for weight.
D)minimum cost to the employer.
A)employers to do more to accommodate religious beliefs.
B)the definition of accommodation to be undue hardship.
C)employers to make accommodation for weight.
D)minimum cost to the employer.
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79
Provide a short answer to each of these questions.Be sure to fully explain your answer.
The diversity chair for the Society of Human Resource Management (SHRM)stated,"Race was the sacrificial lamb to launch diversity and make it palatable to corporate America." What does she mean?
The diversity chair for the Society of Human Resource Management (SHRM)stated,"Race was the sacrificial lamb to launch diversity and make it palatable to corporate America." What does she mean?
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Unlock for access to all 79 flashcards in this deck.
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